Potato supplier sues Tesco

A former potato supplier to supermarket giant Tesco has failed to have an action for alleged breach of contract and personal injuries entered into the fast track Commercial Court list.

Paul Sweeney, trading as Paul Sweeney & Co, Newcastle, Co Dublin, is suing Tesco Ireland claiming he spent millions between 1998 and 2006 investing in facilities based on an agreement to supply potatoes for Irish stores but which the supermarket firm terminated without reasonable notice.

Mr Sweeney is also claiming damages for bullying, nervous shock, and assault and battery arising out of meetings and contacts with a Tesco executive.

Tesco denies his claims.

Mr Justice Brian McGovern yesterday declined to admit the case to the fast-track Commercial Court, which means it will be heard via the normal court list.

The judge said he was doing so because the case relates to allegations dating from 2008 to 2011 and fell outside the scope of Commercial Court rules requiring that it deal with cases that need to be heard expeditiously.

There was also the fact that this case involved personal injuries which was also outside the scope of a Commercial Court case.

Richard Kean, for Mr Sweeney, earlier asked the judge for an adjournment of his application to admit the case to the commercial list because his side had only got a 33-page affidavit from the Tesco side last Friday which he needed time to address. This included claims that the case should not be accepted into the Commercial Court because it had not been prosecuted with expedition.

Mr Kean said that, as a result of “catastrophic losses” arising out of the termination of his contract with Tesco, his client has been an in-patient in hospital for some time.

Declan McGrath, for Tesco, in opposing the admission of the case to the list, said the affidavit filed on Friday was effectively setting out, for the benefit of the court, correspondence between the parties over the last number of years.

The judge awarded the costs of the application to Tesco.